MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR1999015475

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show he served on active duty in the Regular Army instead of active duty for training (ACDUTRA), for the period 6 September 1964 to 
13 February 1965.  He states he was already activated for the Regular Army and not the National Guard.  He also states he never applied for Veterans Administration hospital benefits until recently.  He submits a copy of his DD Form 214 dated 3 February 1965, and a copy of his NGB Form 22 (Report of Separation and Record of service in the West Virginia Army National Guard (ARNG) and as a Reserve of the Army) dated 29 June 1970.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was enlisted in the West Virginia ARNG, including the Reserve of the Army, on 30 June 1964 for 6 years.

West Virginia ARNG orders, dated 25 August 1964, ordered the applicant to ACDUTRA to Fort Knox, Kentucky for training as a track vehicle mechanic.  His report date was 7 September 1964 and the training was scheduled for 27 weeks.

His DD Form 214 shows he entered ACDUTRA and served honorably from 
6 September 1964 to 13 February 1965, when he was relieved from the ACDUTRA and returned to State control, and returned home.  He completed his training and was awarded the military occupational specialty code 632.10, track vehicle mechanic.  His pay grade was shown as E-2, and he was credited with 
5 months and 8 days of net service for this period, and 2 months and 6 days of other service (ARNG not on active duty), for a total of 7 months and 14 days creditable for basic pay purposes.  He signed the DD Form 214.

His NGB Form 22 shows he was honorably discharged on 29 June 1970 from the ARNG and Reserve of the Army based on the expiration of his term of service.

There is no evidence to show the applicant served in the Regular Army or on active duty for other than the National Guard/ACDUTRA.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 13 February 1965, the date of separation from ACDUTRA.  The time for the applicant to file a request for correction of any error or injustice expired on 13 February 1968.

The application is dated 4 November 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

mdm____  aao_____  ewl _____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999015475	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 5	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	134.00	
2.		
3.		
4.		
5.		
6.